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Retrench and reform : the action for damages
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Wakefield, Jill (2009) Retrench and reform : the action for damages. Yearbook of European Law, Vol.28 (No.1). pp. 390-434. doi:10.1093/yel/28.1.390 ISSN 0263-3264.
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Official URL: http://dx.doi.org/10.1093/yel/28.1.390
Abstract
There are two disparate views of the claim for non-contractual liability of the Community. 1
On the one hand, the interpretation by the Court of Justice of the Treaty provision which provides that the Community is to make good any damage caused by the Community institutions is seen as excessively restrictive; the construction placed on the provision is out of step with the constitutionalization of law and militates against the protection of the individual. Although a rights-based law is seen in evolution, the reluctance to find liability condones a lack of accountability at the heart of the Community project. On the other hand, as a result of the constitutionalization of law, there seems to be a fear that
the Court will no longer shield the Community institutions from claimants seeking redress and that the ability of the institutions to execute their functions to achieve the Community objectives will be undermined. Although often overlooked, the Court of Justice has stated its position on the right of the individual to recover damages from the Community.
Item Type: | Journal Article | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Journal or Publication Title: | Yearbook of European Law | ||||
Publisher: | Oxford University Press | ||||
ISSN: | 0263-3264 | ||||
Official Date: | 2009 | ||||
Dates: |
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Volume: | Vol.28 | ||||
Number: | No.1 | ||||
Page Range: | pp. 390-434 | ||||
DOI: | 10.1093/yel/28.1.390 | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access |
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